But though nationalization is nowhere in America a practical issue,

everywhere in America the relations between the railroads and the

state have become much closer within the last few years. Canada

a few years ago consolidated its railroad laws and established a

Railway Commission, to which was given very wide powers of control

both over railroad construction and operation and over rates and

fares for goods and passengers. Argentina has also moved in the

same direction. In the United States, not only has there been the

passage by the Federal Congress at Washington of the law amending the

original Act to Regulate Commerce and giving much increased powers

to the Interstate Commerce Commission, besides various other Acts

dealing with subsidiary points, such as hours of railroad employes,

but scores, if not hundreds, of Acts have been passed by the various

state legislatures. With these it is quite impossible to deal in

detail; many of them impose new pecuniary burdens upon the railroad

companies, as, for instance, the obligation to carry passengers at

the maximum rate of a penny per mile. All of them, speaking broadly,

impose new obligations and new restrictions upon the railroad

companies. Not a few have already been declared unconstitutional, and

therefore invalid, by the law courts. And when the mills of American

legal procedure shall at length have finished their exceedingly

slow grinding, it is safe to prophesy that a good many more will

have ceased to operate. But for all that, the net result of state

and Federal legislation in the sessions of 1906 and 1907 will

unquestionably be that even after the reaction and repeal, which,

thanks to the Wall street panic of last year, is now in progress,

the railroads of the United States will in the future be subject to

much more rigid and detailed control by public authority than there

has been in the past. The reign of railroad despotism, more or less

benevolent, is definitely at an end; the reign of law has begun. It

is only to be regretted that the quantity of the law errs as much on

the side of excess as its quality on the side of deficiency.

THE MEXICAN SITUATION.

Apart from its interest as a quite startling example of how not

to do it, the recent railroad legislation of the United States is

only valuable as an indication of the tendency, universal in all

countries, however governed, for the state to take a closer control

over its railroads. Much more interesting as containing a definite

political ideal, worked out in detail in a statesmanlike manner, is

the recent railroad legislation of Mexico. One may be thought to be

verging on paradox in suggesting that England, with seven centuries

of parliamentary history, can learn something from the Republic of

Mexico. But for all that I would say, with all seriousness, that I

believe the relation between the state and the national railroads is

one of the most difficult and important questions of modern politics,

and that the one valuable and original contribution to the solution

of that question which has been made in the present generation is due

to the President of the Mexican Republic and his Finance Minister,

Señor Limantour.

Broadly, the Mexican situation is this: The Mexican railroads were in

the hands of foreign capitalists, English mainly so far as the older

lines were concerned, American in respect to the newer railroads,

more especially those which constituted continuations southwards

of the great American railroad systems. The foreign companies,

whether English or American, naturally regarded Mexico as a field

for earning dividends for their shareholders. The American companies

further, equally naturally, tended to regard Mexico as an annexe and

_dépendance_ of the United States. If they thought at all of the

interest of Mexico in developing as an independent self-contained

state, they were bound to regard it with hostility rather than with

favor, and such a point of view could hardly commend itself to the

statesmen at the head of the Mexican government. Yet Mexico is a

poor and undeveloped country, quite unable to dispense with foreign

capital; and, further, it was at least questionable whether Mexican

political virtue was sufficiently firm-rooted to withstand the

manifold temptations inherent in the direct management of railroads

under a parliamentary _régime_. Under these circumstances the

Mexicans have adopted the following scheme: For a comparatively

small expenditure in actual cash, coupled with a not very serious

obligation to guarantee the interest on necessary bond issues,

the Mexican government have acquired such a holding of deferred

ordinary stock in the National Railroad Company of Mexico as gives

them, not, indeed, any immediate dividend on their investment, but

a present control in all essentials of the policy of the company,

and also prospects of considerable profit when the country shall

have further developed. The organization of the company as a private

commercial undertaking subsists as before. A board of directors,

elected in the ordinary manner by the votes of shareholders, remains

as a barrier against political or local pressure in the direction

of uncommercial concessions, whether of new lines or of extended

facilities or reduced rates on the old lines; but--and here is the

fundamental difference between the new system and the old--whereas

under the old system the final appeal was to a body of shareholders

with no interest beyond their own dividend, the majority shareholder

is now the Government of Mexico, with every inducement to regard the

interests, both present and prospective, of the country as a whole.

IRREFRAGABLE THEORY OF PUBLIC OWNERSHIP.

Public ownership of railroads is in theory irrefragable. Railroads

are a public service; it is right that they should be operated by

public servants in the public interest. Unfortunately, especially in

democratically organized communities, the facts have not infrequently

refused to fit the theories, and the public servants have allowed,

or been constrained to allow, the railroads to be run, not in the

permanent interest of the community as a whole, but in the temporary

interest of that portion of the community which at the moment could

exert the most strenuous pressure. The Mexican system, if it succeeds

in establishing itself permanently--for as yet it is only on its

trial--may perhaps have avoided both Scylla and Charybdis. Faced with

a powerful but local and temporary demand, the government may be able

to reply that this is a matter to be dealt with on commercial lines

by the board of directors. If, on the other hand, permanent national

interests are involved, the government can exercise its reserve

power as a shareholder, can vote the directors out of office, and

so prevent the continuance of a policy which would in its judgment

be prejudicial to those interests, however much it might be to the

advantage of the railroad as a mere commercial concern.

STATE CONTROL OR OWNERSHIP.

The history whose outline I have now very briefly sketched shows, I

think, that whereas there is everywhere a tendency towards further

state control, the tendency towards absolute state-ownership and

state-operation is far from being equally universal. I shall have

a word to say presently as to the reasons why America shows no

signs of intention to follow the example of continental Europe.

Meanwhile it is well to notice that American experience proves also

the extreme difficulty of finding satisfactory methods of control.

Sir Henry Tyler said some five-and-thirty years ago in England, in

words that have often been quoted since, "If the state can't control

the railroads, the railroads will control the state"; and President

Roosevelt has again and again in the last few years insisted on the

same point. "The American people," he said in effect, "must work

out a satisfactory method of controlling these great organizations.

If left uncontrolled, there will be such abuses and such consequent

popular indignation that state-ownership will become inevitable, and

state-ownership is alien to American ideas, and might cause very

serious political dangers."

Perhaps some of my hearers may remember Macaulay's graphic

description of the passion that was aroused by Charles James

Fox's proposed India Bill; it was described as a Bill for giving

in perpetuity to the Whigs, whether in or out of office, the

whole patronage of the Indian government. The objection felt by

American statesmen to handing over their railroads to the National

government--for I think it may be taken for granted that if they were

nationalized it would have to be wholly under Federal management,

and that the separate states could take no part in the matter--is in

principle the same. There are something like a million and a half

men employed on the railroads of the United States, say roughly 7

or 8 per cent. of the voters. Americans feel that rival political

parties might bid against each other for the support of so vast and

homogeneous a body of voters; that the amount of patronage placed at

the disposal of the executive government for the time being would

be enormous; and that the general interests of the nation might

be sacrificed by politicians anxious to placate--to use their own

term--particular local and sectional interests. How far this fear,

which is undoubtedly very prevalent in the states, is justified

by the history of state railroads in other countries is a question

exceedingly difficult to answer. Dealing with state railroads in the

lump, it is easy to point to some against which the charge would

be conspicuously untrue. To take the most important state railroad

organization in the world, the Prussian system, no one, I think, can

fairly deny that it has been operated--in intention at least, if not

always in result--for the greatest good of the greatest number. But

then Prussia is Prussia, with a government in effect autocratic, with

a civil service with strong _esprit de corps_ and permeated with old

traditions, leading them to regard themselves as the servants of

the king rather than as candidates for popular favor. An American

statesman, Charles Francis Adams, wrote as follows more than 30 years

ago: "In applying results drawn from the experience of one country

to problems which present themselves in another, the difference of

social and political habit and education should ever be borne in

mind. Because in the countries of continental Europe the state can

and does hold close relations, amounting even to ownership, with

the railroads, it does not follow that the same course could be

successfully pursued in England or in America. The former nations are

by political habit administrative, the latter are parliamentary. In

other words, France and Germany are essentially executive in their

governmental systems, while England and America are legislative.

Now the executive may design, construct or operate a railroad; the

legislative never can. A country therefore with a weak or unstable

executive, or a crude and imperfect civil service, should accept with

caution results achieved under a government of bureaus. Nevertheless,

though conclusions cannot be adopted in the gross, there may be in

them much good food for reflection."

CONTROL BY DEMOCRACY, OR OWNERSHIP BY AUTOCRACY.

I am inclined to think that the effect of the evidence is that the

further a government departs from autocracy and develops in the

direction of democracy, the less successful it is likely to be in

the direct management of railroads. Belgium is far from being a pure

democracy; but compared with Prussia it is democratic, and compared

with Prussia its railroad management is certainly inferior. Popular

opinion in Belgium seems at present to be exceedingly hostile to the

railroad administration; official documents assert that, while the

service to the public is bad, the staff are scandalously underpaid,

and yet that the railroads are actually not paying their way. There

was, it is true, till recently an accumulated surplus of profits

carried in the railroad accounts, but the official figures have been

recently revised, and the surplus is shown to be non-existent.

The Swiss experiment is too new to justify any very positive

conclusions being drawn from it; but this much is clear: the state

has had to pay for the acquisition of the private lines sums very

much larger than were put forward in the original estimate; the

surplus profits that were counted on have not been obtained in

practice; the economies that were expected to result from unification

have not been realized; the expenditure for salaries and wages

has increased very largely; and so far from there being a profit

to the Federal government, the official statement of the railroad

administration is that, unless the utmost care is exercised in the

future, the railroad receipts will not cover the railroad expenditure.

The Italian experiment is still newer. It would not be fair to say

that it proves anything against state management; but I do not think

that the most fervid _Etatist_ would claim that, either on the ground

of efficiency or on the ground of economy, it has so far furnished

any argument in favor of that policy.

If we wish to study the state management of railroads by pure

democracies of Anglo-Saxon type, we must go to our own Colonies.

My own impressions, formed after considerable study of the subject

and having had the advantage of talking with not a few of the men

who have made the history, I hesitate to give. It is easy to find

partisan statements on both sides; for example, in a recent article

in the _Nineteenth Century_, entitled "The Pure Politics Campaign

in Canada," I find the following quotation from the _Montreal

Gazette_--a paper of high standing--dated May 27, 1907: "Every job

alleged against the Russian autocracy has been paralleled in kind

in Canada. First, there is the awful example of the Intercolonial

Railway, probably as to construction the most costly single-track

system in North America, serving a good traffic-bearing country, with

little or no competition during much of the year, and in connection

with much of its length no competition at all, but so mishandled that

one of its managers, giving up his job in disgust, said it was run

like a comic opera. Some years it does not earn enough to pay the

cost of operation and maintenance (I may interpolate that its gross

earnings per mile are equal to those of an average United States

railroad), and every year it needs a grant of one, two, three or four

million dollars out of the Treasury to keep it in condition to do at

a loss the business that comes to it. When land is to be bought for

the road, somebody who knows what is intended obtains possession of

it, and turns it over to the government at 40, 50 and 100 per cent

advance. This is established by the records of Parliament and of the

courts of the land."

AFRICAN CAPE GOVERNMENT RAILROADS.

Probably no one outside the somewhat heated air of Canadian politics

is likely to believe this damning accusation quite implicitly; but

even if there were not a word of truth in it--and that the management

of the Intercolonial Railway is, for whatever cause, bad, appears, I

think, clearly from the public figures--it is bad enough that such

charges should be publicly made and apparently believed. Let me quote

now from a document of a very different type referring to a colony

very far distant from Canada: "A memorandum relative to Railroad

Organization, prepared at the request of the Railroad Commissioners

of the Cape Government Railways, by Sir Thomas R. Price, formerly

general manager of those railroads, and now general manager of the

Central South Africa (_i. e._, Transvaal and Orange River) Railways,

dated Johannesburg, February 22, 1907."

"The drawbacks in the management of the railroads in the Cape

that call for removal arise from the extent to which, and the

manner in which, the authority of Parliament is exercised. They

are twofold in their character, viz.:

"(1) The practice of public authorities, influential

persons, and others bent on securing concessions or other

advantages which the general manager has either refused in

the conscientious exercise of his functions, or is not likely

to grant, making representation to the Commissioner (as the

ministerial head of the Government), supplemented by such

pressure, political influence, or other means as are considered

perfectly legitimate in their way, and are best calculated to

attain the end applicants have in view.

"(Many members of Parliament act similarly in the interests

of the districts, constituents, or railroad employes in whom

they happen to be interested. It is by no means unknown for the

requests in both classes of cases to coincide somewhat with a

critical division in Parliament--present or in prospect--or

otherwise something has occurred which is regarded as

irritating to the public or embarrassing to the Government, and

the desire to minimize the effect by some conciliatory act is

not unnatural.)

"(2) The extent to which the fictitious, and often transitory,

importance which a community or district manages to acquire

obscures (under the guise of the Colony's welfare) the

consideration of the railroad and general interest in the

Colony as a whole."

(During the earlier period of my railroad service in the Cape

Colony few things impressed me more, coming as I had from a

railroad conducted on strictly business lines, than the extent

to which the conduct of railroad affairs was influenced by

certain conditions. Nor was this impression lessened afterwards

when, in the course of a conversation on the matter, Sir

Charles Elliott mentioned to me that he had more than once told

a late railway commissioner, "The Government is powerful, but

[mentioning the town and authority] is more powerful still.")

"I do not regard it as open to doubt that the Colony as a whole

has suffered severely in consequence, the inland portions of

the Colony particularly so; and that the need for a remedy is

pressing if the railroads are to be conducted as a business

concern for the benefit of the Colony.

"The necessity for the railroads and their administration being

removed from such an atmosphere, and treated as a most valuable

means of benefiting the Colony as a whole, while not neglecting

the interests of a district (but not subordinating the welfare

of the whole Colony thereto), is pressing. That there should be

an authority to refer to in case of real necessity, where the

decision or action of the general manager is not regarded as

being in the public interests, is also clear. But it is equally

manifest that the Commissioner or the Government of the day,

with political or party consideration always in view, is not

the proper court of reference.

"There can be little doubt that in the Cape Colony political

considerations have influenced the adoption of new lines

and their construction--many, if not most of them of an

unprofitable character--without sufficient inquiry or

information, often with scanty particulars, and possibly

contrary to the advice of the officer afterwards entrusted with

the construction and working of the line.

"A material change is imperatively necessary in this respect,

if only to insure the solvency of the Colony."

VICTORIAN (AUSTRALIA) RAILROADS.

It is sometimes conceded that improper exercise of political

influence may be a real danger where railroads are managed under

a parliamentary _régime_ by a Minister directly responsible to

Parliament; but that difficulty, it is said, can be got over by

the appointment of an independent Commission entirely outside the

political arena. History does not altogether justify the contention.

The last report of the Victorian State Railways gives a list of seven

branches, with an aggregate length of 46 miles, constructed under the

Commissioner _régime_ at a cost of £387,000, which are now closed

for traffic and abandoned because the gross receipts failed even to

cover the out-of-pocket working expenses. It is not alleged, nor is

it a fact, that those lines were constructed in consequence of any

error of judgment on the part of the Commissioners. But in truth it

is inherently impossible to use a Commission to protect a community

against itself. In theory a Commission might be a despot perfectly

benevolent and perfectly intelligent; in that case, however, it

can hardly be said that the nation manages its own railroads. But

of course any such idea is practically impossible, because despots,

however benevolent and intelligent, cannot be made to fit into the

framework of an Anglo-Saxon constitution. In practical life the

Railway Commission must be responsible to someone, and that someone

can only be a member of the political government of the day.

COMPETITION HAS CEASED TO REGULATE.

I have indicated what in America, where the subject is much more

carefully considered than here, is regarded as a great obstacle to a

state-railroad system; but I have pointed out also that it is quite

possible that statesmen fully alive to the dangers may yet find

themselves constrained to risk them unless some satisfactory method

of controlling private railroad enterprise can be found. I do not

think it can be considered that this has been done in England at the

present time. In the main we have relied on the force of competition

to secure for us reasonable service at not unreasonable rates; and

as I still cherish a long-formed belief that English railroads are

on the whole among the best, if not actually the best, in the world,

I am far from saying that competition has not done its work well.

But competition is an instrument that is at this moment breaking in

our hands. Within quite a few years the South Eastern Railway was

united with the Chatham; the Great Southern has obtained a monopoly

over a large part of Ireland; in Scotland the Caledonian and the

North British, the Highland and the Great North have in very great

measure ceased to compete. If the present proposals for the working

union of the Great Eastern, the Great Northern and the Great Central

go through, competition in the East of England will be absolutely

non-existent from the Channel to the Tweed. And one can hardly

suppose that matters will stop there. In fact, since this address

was in type a comprehensive scheme of arrangement for a long term of

years between the London & North Western and the Midland has been

announced. We must, I think, assume that competition, which has done

good work for the public in its day, is practically ceasing to have

any real operation in regulating English railroads.

HOW SHALL GOVERNMENT REGULATE?

For regulation, therefore, we must fall back on government; but

how shall a government exercise its functions? Regulation may be

legislative, judicial, executive, or, as usually happens in practice,

a combination of all three. But we may notice that, as Mr. Adams

points out, in Anglo-Saxon countries it is the Legislature and the

Judicature that are predominant; whereas in a country like France,

which though a democracy is bureaucratically organized, it is

executive regulation that is most important. Now, the capacity of the

Legislature to regulate is strictly limited; it can lay down general

rules; it can, so to speak, provide a framework, but it cannot decide

_ad hoc_ how to fit into that framework the innumerable questions

that come up for practical decision day by day.

The capacity of the law courts to regulate is even more strictly

limited. For not only is it confined within the precise limits of

the jurisdiction expressly conferred upon it by the Legislature, but

further, by the necessity of the case, a court of law can only decide

the particular case brought before it; a hundred other cases, equally

important in principle, and perhaps more important in practice, may

never be brought before it at all. Even if the court had decided

all the principles, it has no machinery to secure their application

to any other case than the one particular case on which judgment

was given. There was a case decided 30 years ago by our Railroad

Commission, the principle of which, had it been generally applied

throughout the country, would have revolutionized the whole carrying

business of Great Britain. It has not been so applied, to the great

advantage, in my judgment, of English trade. Further, the great bulk

of the cases which make up the practical work of a railroad: "What is

a reasonable rate, having regard to all the circumstances, present

and prospective, of the case? Would it be reasonable to run a new

train or to take off an old one? Would it be reasonable to open a

new station, to extend the area of free cartage, and the like?"--all

these are questions of discretion, of commercial instinct. They

can only be answered with a "Probably on the whole," not with a

categorical "Yes" or "No," and they are absolutely unsuitable for

determination by the positive methods of the law court with its

precisely defined issues, its sworn evidence, and its rigorous

exclusion of what, while the lawyer describes it as irrelevant, is

often precisely the class of consideration which would determine one

way or other the decision of the practical man of business.

It seems to me, therefore, that both in England and in America we

must expect to see in the near future a considerable development of

executive government control over railroads.

The Railway Library, 1909 A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year · 第 21 / 39 段